According to the traditional view, recently applied by Rares J, there would be no infringement in Australia in the circumstances outlined.
Has R Pty Ltd infringed A’s patent?
Selected links from last week
The Full Court has dismissed Chemist Warehouse’s appeal from Middleton J’s ruling that the get up of Direct Chemist Outlet’s stores did not “pass off” on Chemist Warehouse’s get up
Moshinsky J has rejected Stone & Wood’s attempt to block Thunder Road Pacific Ale and, instead, ruled that Stone & Wood made unjustified threats of trade mark infringement.
A selection of the links I found interesting over the last couple of weeks
Here is a selection of links to IP-related matters I found interesting last week